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HomeMy WebLinkAbout2-20-17 PC Minutes * M I N U T E S * REGULAR MEETING JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL City Council Chambers February 20, 2017 A Regular Meeting and Joint Public Hearing of the Planning Commission and City Council was held on February 20, 2017 and called to order at 3:14 p.m. with the following members present: Commission Members present: Chairman Sina Nejad Vice-Chairman Marty Craig Commissioner J.P. Colbert Commissioner Ava Graves Commissioner Sherrene Cook Commissioner Bill Little Commission Members absent: Commissioner Lynda Kay Makin Commissioner Eddie Senigaur Alt. Commissioner Lauren Williams-Mason Commissioner Labonna Spikes Alt. Commissioner Frank Messina Alt. Commissioner Clint Walters Councilmembers present: Mayor Becky Ames Mayor Pro-Tem Robin Mouton Councilmember Claude F. Guidroz Councilmember Gethrel Williams-Wright Councilmember Audwin Samuel Councilmember Mike Getz Councilmember W.L. Pate Councilmembers absent: None Also present: Chris Boone, Director of Planning and Community Development Adina Josey, Planner II Tyrone Cooper, City Attorney Fran Malvo, Recording Secretary 1 Planning and Zoning February 20, 2017 APPROVAL OF MINUTES Vice-Chairman Craig made a motion to approve the minutes of the Regular meeting held on January 23, 2017. Commissioner Colbert seconded the motion. Motion to approve carried 6:0. REGULAR MEETING 1) Replat- Stiles Addition, Lot 1 & 2: A request for approval of the replat of Lot 1 and Lot 2, Stiles Addition, into Lot 1A, Lot 1B, Lot 2A and Lot 2B, Stiles Addition, Jefferson County, Texas. Applicant: Access Surveyors Location: Southeast of the intersection of Labelle and Steinghagen Roads. Mr. Boone presented the staff report. rd The Commission tabled this item at the January 23 meeting because of questions concerning restrictions to the subdivision of property in the Stiles Addition. The Minor Plat Stiles Addition was developed by Transit Mix Concrete & Materials Co. with no restrictions attached to the subdivision. Mr. and Mrs. Bleakley, (of 7847 LaBelle Rd., Tract 1 4.4327 William T Bleakley Tract), purchased their property from Transit Mix Concrete & Materials Co., but their property is located outside the Stiles Addition and has restrictions attached to their warranty deed and does not restrict the proposed replat. Access Surveyors has requested approval of the replat of Lot 1 and Lot 2, Stiles Addition, into Lot 1A, Lot 1B, Lot 2A and Lot 2B, Stiles Addition, Jefferson County, Texas. The property is located at the intersection of Steinhagan and LaBelle Road within the ETJ of the City of Beaumont. The proposed 14.598 acre replat will create four (4) lots from two (2). Water will be supplied by West Jefferson County Municipal Water District and sanitary sewer will be individual septic systems. Slides were shown of the subject property. Ten (10) notices were mailed to property owners within 200 feet of the subject property. There were none received in favor and one (1) received in opposition. The applicant, Jordan Robbins, addressed the Commission. Mr. Robbins stated that Lot 4 had already been replated. Mozell Cob who resides at 2607 Merrimen, Port Neches, addressed the Commission. Ms. Cobb provided the replat of Lots 4A and 4B of the Stiles Unit recorded on November 9, 2006. Discussion followed. Mr. Cooper stated that the City is not in a position to enforce deed restrictions. Ms. Cobb stated that she was in favor of the replat. Jennifer and William Bleakley residing at 7847 LaBelle Road addressed the Commission. Discussion followed. The Bleakley’s were not in favor of the request. Mike Reho addressed the Commission. Mr. Reho stated he was speaking on behalf of his wife, Dianna Ward. Discussion followed. Mr. Reho expressed that he was in favor of the request. Harold Robbins, 2701 Mary Lane, Port Neches, addressed the Commission. Mr. Robbins, which is also the applicant’s father, stated there were no deed restrictions on the property. Mr. Robbins spoke in favor of the request. 2 Planning and Zoning February 20, 2017 No public hearing was required. No further comments or discussion. The public hearing closed. Commissioner Little made a motion to approve the request of the replat of Lot 1 and Lot 2, Stiles Addition, into Lot 1A, Lot 1B, Lot 2A and Lot 2B, Stiles Addition, as requested. Commissioner Cook seconded the motion. Motion to approve carried 5:1 (Nejad). 2) Replat- Lot 1D, Block 12, Wescalder Fig Acres: A request for approval of the replat of Lot 1D, Block 12, Wescalder Fig Acres, into Lots 1E, 1F and 1G, Block 12, Wescalder Fig Acres Beaumont, Jefferson County, Texas. Applicant: Access Surveyors Location: Southeast of the intersection of Labelle and Steinhagen Roads. Mr. Boone presented the staff report. Faust Engineering and Surveying, Inc. has requested approval of the replat of Lot 1D, Block 12 Wescalder Fig Acres, into Lots 1E, 1F and 1G, Block 12, Wescalder Fig Acres, Beaumont, Jefferson County, Texas. The property is located at 8855 Baker Road within the Beaumont City Limits. The proposed 3.23 acre replat will create three (3) lots from one (1). Beaumont water and sanitary sewer are available for all proposed lots. Slides were shown of the subject property. Twenty-five (25) notices were mailed to property owners within 200 feet of the subject property. No notices were received in favor or in opposition. The Planning staff recommended approval. No questions or comments for Mr. Boone. Richard Faust, representing Faust Engineering and Surveying located at 2525 Calder addressed the Commission. No questions or comments for Mr. Faust. The public hearing closed. Vice-Chairman Craig made a motion to approve a request for the replat of Lot 1D, Block 12, Wescalder Fig Acres, into Lots 1E, 1F and 1G, Block 12, Wescalder Fig Acres, Beaumont, Jefferson County, Texas. Commissioner Little seconded the motion. Motion to approve carried 6:0. 3) Replat-Fourth Street Extension: A request for the Replat of part of Blocks 35, 36, 41 and 42, M.C. Cartwright Subdivision, into Fourth Street Extension, Beaumont, Jefferson County, Texas. Applicant: Fittz & Shipman, Inc. Location: 3145 and 2895 W. Cardinal Drive Mr. Boone presented the staff report. Fittz & Shipman, Inc. has requested approval of the replat of part of Block 35, 36, 41 and 42, M.C. Cartwright Subdivision, Beaumont, Jefferson County, Texas into Fourth Street Extension, Beaumont, Jefferson County, Texas. The property is located South side of the intersection of West Cardinal Drive and 4th Street between 2895 & 3145 West Cardinal Drive within the 3 Planning and Zoning February 20, 2017 Beaumont City Limits. The proposed 1.866 acre replat will create a 70’ wide dedicated right-of- way for the extension of Fourth Street, an industrial street. Slides were shown of the subject property. Three (3) notices were mailed to property owners within 200 feet of the subject property. None were received in favor or in opposition. The Planning staff recommended approval with the following conditions: 1. The existing water main within the existing Fourth Street Right-of-Way needs to be labeled. 2. Show on the Preliminary Replat how the existing water main within the existing Fourth Street Right-of-Way ties into the existing water main along Cardinal Drive as well as the Jefferson County Drainage District #6 Ditch. 3. Continue 36” underground storm sewer pipe to Drainage District #6 ditch. No questions or comments for Mr. Boone. Don King, representative of Fittz & Shipman, Inc. located at 1405 Cornerstone Court, addressed the Commission. Mr. Boone stated that the third condition could be revised to state, “installation of the storm sewer pipe upon approval by the City Engineer and Drainage District #6.” No further discussion. The public hearing closed. Vice-Chairman Craig made a motion to approve the request for the Replat of part of Blocks 35, 36, 41 and 42, M.C. Cartwright Subdivision, into Fourth Street Extension, Beaumont, Jefferson County, Texas as requested with the following conditions: 1. The existing water main within the existing Fourth Street Right-of-Way needs to be labeled. 2. Show on the Preliminary Replat how the existing water main within the existing Fourth Street Right-of-Way ties into the existing water main along Cardinal Drive as well as the Jefferson County Drainage District #6. 3. Install a 36” underground storm sewer pipe to be approved by the City Engineer and Drainage District #6. Commissioner Little seconded the motion. Motion to approve carried 6:0. 4) Replat-Vacate Tract 1-A: A request to vacate Tract 1-A, Beaumont, Jefferson County, Texas Applicant: Faust Engineering & Surveying, Inc. Location: 1325 Glendale to 1350 Amelia Street Mr. Boone presented the staff report. 4 Planning and Zoning February 20, 2017 Faust Engineering and Surveying, Inc. has requested to vacate Tract 1-A, a replat of the called west 195.16 ft. of Lot 1 and all of Lots 2 & 3, Block E, Mayfair Addition, and all of Lots 2-5, Block B, Mayfair Second Addition, Beaumont, Jefferson County, Texas. The property includes both 1325 Glendale Street. The proposed vacation of the plat will restore seven (7) parcels from the 4.960 acre Tract 1A. Beaumont water and sanitary sewer are available for all restored parcels. Slides were shown of the subject property. The item was sent to all interested parties. The Planning staff recommended approval. No questions or comments for Mr. Boone. No one spoke in favor or against the case. The public hearing closed. Vice-Chairman Craig made a motion to vacate Tract 1-A. Commissioner Cook seconded the motion. Motion to approved carried 6:0. JOINT PUBLIC HEARINGS Mayor Ames called the Joint Public Hearings of February 20, 2017 to order and explained the purpose of the Joint Public Hearing process and then turned the meeting over to Chairman Nejad. Chairman Nejad explained the policies and procedures for the hearing process. 1) File 2276-Z: A request for a Specific Use Permit to allow an indoor parking facility on property zoned NC (Neighborhood Commercial) District. Applicant: Charles Domingue Location: 5140 Wall Street Mr. Boone presented the staff report. Charles Domingue would like to rezone his property at 5140 Wall Street, to allow the construction of a building for housing his personal collection of classic vehicles. Surrounding zoning ranges from RS (Residential Single Family Dwelling-North) to HI (Heavy Industrial-West). Surrounding uses vary, but are primarily light industrial & industrial in nature, some being grandfathered. Due to the mixed uses of this area, the proposed zoning and parking facility would be compatible. Slides of the subject property were shown. Eighteen (18) notices were mailed to property owners within 200 feet of the subject property. One notice was returned in favor and none were received in opposition. Staff recommended approval of the request. 5 Planning and Zoning February 20, 2017 No questions or comments for Mr. Boone. Charles Domingue, 12955 Lynwood Drive addressed the Commission. A brief discussion followed. The public hearing opened. No questions or comments, the public hearing closed. Vice-Chairman Craig made a motion to approve a request for a Specific Use Permit to allow an indoor parking facility on property zoned NC (Neighborhood Commercial) District with canopies added. Commissioner Colbert seconded the motion. Motion to approve carried 6:0. 2) File 2279-Z: A request for a rezoning from RM-H (Residential Multiple Family Dwelling- Highest Density) to GC-MD (General Commercial-Multiple Family Dwelling) or a more restrictive district. Applicant: Wesley C. Doucet Location: 7535 Highway 105 Mr. Boone presented the staff report. Wesley Doucet is requesting the rezoning of his property located at 7535 Highway 105. This property is the first residentially zoned lot on the south side of Highway 105, west of Major Drive. Although the property currently contains a house, Mr. Doucet would like to be able to market the property for commercial uses. Given the surrounding zoning pattern, land use and the proximity to the intersection of Highway 105 and Major Drive, the proposed zoning would be compatible. All utilities necessary for a business are present. Property to the north, south and east is zoned GC-MD (General Commercial - Multiple Family Dwelling) District. Slides were shown of the subject property. Fifteen (15) notices were mailed to property owners within 200 feet of the subject property. No responses were received in favor or in opposition. Staff recommended approval of the request. Wesley Doucet, 3195 Dowlen Road addressed the Commission. A brief discussion followed regarding the types of development for the property and the homeowners that share the property. No further questions or comments. The public hearing closed. Commissioner Little made a motion to approve a request for a rezoning from RM-H (Residential Multiple Family Dwelling-Highest Density) to GC-MD (General Commercial- Multiple Family Dwelling) or a more restrictive zoning District. Vice-Chairman Craig seconded the motion. Motion to approve carried 6:0. 3) File 2281-Z/P: A request for a rezoning from A-R (Agricultural-Resident) and GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District to GC-MD-2 and RS (Residential 6 Planning and Zoning February 20, 2017 Single Family Dwelling) Districts and a Specific Use Permit to allow a retail shopping center with restaurants on the GC-MD-2 portion of the property. Applicant: Zulag Properties, LLC Location: The east side of North Major Drive, just north of Village Drive. Zulag Properties, L.L.C. would like to construct a retail shopping center, and single family residential development, on the property located to the east of Major Drive and north of Village Drive. In March of 2014, a memory care facility looking to locate on the property rezoned the east half of the property to GC-MD-2. The memory center was not developed at this location and the property has remained vacant. Rezoning the west half of the property to GC-MD-2 would allow it to develop in a manner similar to other properties bordering Major Drive. Rezoning the east half of the property to RS will allow the construction of single family homes. This will match development to the east of the property. The proposed shopping center would consist of a 35,750 sq. ft. building and 216 parking spaces. The proposed tenants would include retail shopping, offices, and restaurants. Slides were shown of the subject property. Forty (40) notices were mailed to property owners within 200 feet of the subject property. Three (3) responses were received in favor and four (4) responses were received in opposition. Staff recommended approval with the following conditions: 1. Driveways are subject to approval from TX DOT. 2. A sidewalk must be provided along Major Drive. 3. A buffer, and 8 foot wood or masonry privacy fence, must be provided along the east side of the shopping center, where the project will abut a newly rezoned residential zoning district. 4. Must provide drainage plans along with hydraulic analysis and receive approval of the plan from City Engineering, Drainage District # 6 and TX DOT. Discussion followed regarding the lot sizes, the cul-de-sac conditions and the width of the road. Tahir Ashrafi, 8090 Turnberry Circle addressed the Commission. Mr. Ashrafi stated that the townhomes will be single family and not multifamily. The townhomes will be approximately 1400 to 1500 square feet. A brief discussion followed regarding drainage issues. The public hearing opened. Charles Cox, President of the Fairfield Homeowner’s Association, 3510 Grayson addressed the Commission and did not speak in favor nor did he oppose but did express his concerns regarding flooding issues. Will McNeill, President of the Homeowner’s Association of West Chase Village, 7725 Deer Chase addressed the Commission and stated that he did not oppose the project. However, he expressed his concerns regarding the flooding issues and traffic on Major Drive. Hamilton Redmond, 2595 Sunflower Lane addressed the Commission. He expressed his concerns regarding drainage and flooding issues and the size of the townhomes. Mr. Ashrafi addressed the Commission to reassure the residents of the drainage issues and the 7 Planning and Zoning February 20, 2017 quality of the townhomes. The public hearing closed. Commissioner Little made a motion to approve a request to rezone property from A-R (Agricultural-Residential) and GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District to GC-MD-2 and RS (Residential Single Family Dwelling) Districts, and a Specific Use Permit to allow a retail shopping center with restaurants on the GC-MD-2 portion of the property with the following conditions: 1. Driveways are subject to approval from TX DOT. 2. A sidewalk must be provided along Major Drive. 3. A buffer, and 8 foot wood or masonry privacy fence, must be provided along the east side of the shopping center, where the project will abut a newly rezoned residential zoning district. 4. Must provide drainage plans along with hydraulic analysis and receive approval of the plan from City Engineering, Drainage District # 6 and TX DOT. Commissioner Colbert seconded the motion. Motion to approve carried 6:0. 4) File 2282-Z: A request for a rezoning from RM-H (Residential Multiple Family Dwelling- Highest Density) to RS (Residential Single Family Dwelling) District. Applicant: City of Beaumont Planning Division thth Location: The north side of Hazel Avenue between 6 and 7 Streets, Harrison Avenue thththth between 6 and 7 Streets, the south side of Long Avenue between 6 and 7 Streets and the th west side of 7 Street between Ashley Avenue and Evalon Avenue. Mr. Boone presented the staff report. In November of 2008, a Zoning Study was conducted for the Oaks Historic District in order to better control development and redevelopment of the stabilizing neighborhood. The study changed a significant portion of the neighborhood to RCR-H, or Residential Conservation Revitalization-Historic to offer additional protections and controls. In addition, the study rezoned several areas from RM-H (Residential Multiple Family Dwelling) to RS (Residential Single-Family Dwelling). In the past, as some areas of the Oaks District became less stable, RM-H allowed owners to convert single-family homes to more profitable multi-family dwellings or light commercial uses. While many property owners took advantage of this zoning, an increasingly stabilizing single-family market in the Oaks justified changing the zoning to RS, Single-Family Dwelling. However, during the conducting of the 2008 study, some areas were not rezoned to RS, due to the prevalence of existing multi-family complexes. Since the time of the study, further conversion from single-family to multi-family within this area has been requested. Now, almost ten years after the 2008 study, the single-family uses are even more stable now and as such, necessitate the rezoning from RM-H to RS. It should also be noted that even though the rezoning of the existing apartment complexes would result in the uses becoming legally non-conforming and could therefore continue to operate, the City’s ordinance allows significant leeway in the continuation of these legally non-conforming residential uses if they become vacant and/or damaged or destroyed. As such, the owners of the apartment complexes would be losing almost no enjoyment of their property as it relates to their 8 Planning and Zoning February 20, 2017 multi-family complexes as a result of this study. What would result from the study would be a further limitation on the conversion of single-family homes to other uses. Slides of the subject property were shown. Staff recommended approval of the request. Eighty-three (83) notices were mailed to property owners within 200 feet of the subject property. Six (6) responses were received in favor and Seven (7) in opposition. Discussion followed th between Mr. Boone and the Commission. Mourillo Atkinson Capelo, 980 and 982 7 Street, addressed the Commission and spoke against the request. Paula Blazek, 2534 Long addressed the Commission and spoke in favor of the request. John Hagger III, 2243 Long addressed the Commission. Mr. Hagger III, stated he needed clarity of the request and how it would affect him. Virginia Jordan, 2145 Hazel addressed the Commission and spoke in favor of the request. David Bradley, 2165 North Street addressed the Commission and did not speak for or against the rd request. Allen Lee, 725 N. 3 Street addressed the Commission and spoke against the request. th Gretchen Hargroder, corner of Long and 7 Street addressed the Commission and spoke against the request. A brief discussion followed regarding the enhancement of the quality of life in the neighborhood. Mrs. Jordan readdressed the Commission. Discussion followed. Vice-Chairman Craig made a motion to approve a request for a rezoning from RM-H (Residential multiple Family Dwelling-Highest Density) to RS (Residential Single Family Dwelling) District as requested in File 2282-Z. Commissioner Cook seconded the motion. Motion to approve carried 6:0. 5) File 2284-P: A request for a Specific Use Permit for the Hazel and Floyd Mack Scout Foundation, Inc., to construct a new storage building for the Scout Hut in an RCE (Residential Conservation Revitalization) District. Applicant: Dohn LaBiche Location: 3230 French Road Mr. Boone presented the staff report. Dohn LaBiche has submitted a request for a Specific Use Permit at 3230 French Road. The Hazel & Floyd Mack Scouting Foundation own the property and would like to construct a new storage facility for the Scout Hut. This new 2760 sq. ft. building would house the equipment for three scouting units. The use is existing and compatible with surrounding properties. All utilities are in place and accessible to the project. The scouts recently installed a new fence along the east property line, and 5' of the required buffer is needed to accommodate the new structure, therefore a waiver has been requested for the landscaping and screening requirements for the east property line. Slides of the subject property were shown. Nineteen (19) notices were mailed to property owners within 200 feet of the subject property. Eight (8) responses were received in favor and none were received in opposition. 9 Planning and Zoning February 20, 2017 Staff recommended approval with the following waiver: 1. A waiver to the landscaping and screening requirements for the east property line. Dohn LaBiche, 7999 Gladys Avenue addressed the Commission. A brief discussion followed regarding the use of the storage building. The public hearing opened. John Bullard, 12319 Nolia Lane addressed the Commission. Mr. Bullard spoke in favor of the request. No other questions or comments. The public hearing closed. Vice-Chairman Craig made a motion to approve the request for a Specific Use Permit for the Hazel and Floyd Mack Scout Foundation, Inc. to construct a new storage building for the Scout Hut in an RCR (Residential Conservation Revitalization) District as requested in File 2284-P. Commissioner Cook seconded the motion. Motion to approve carried 6:0. 6) File 869-OB: A request for the abandonment of a 100’x10’ portion of the alley in Block 3, LaSalle Addition, Beaumont, Jefferson County, Texas. Applicant: Charlotte Ann Bordeman Location: Bordered by East Virginia Street, Alabama Avenue, Jimmy Simmons Boulevard and Hartel Street. Mr. Boone presented the staff report. Charlotte Ann Bordeman, owner of 4630 Jimmy Simmons Boulevard, has applied for the abandonment of a portion of the alley in Block 3, LaSalle Addition. Ms. Bordeman states that her property is small and the additional five (5) feet across the rear would be helpful. In addition, a property to the west of 4630 Jimmy Simmons Boulevard may be for sale, and Ms. Bordeman has considered purchasing the property. The existing alleyway would not allow the two (2) properties to be fenced as one. Slides of the subject property were shown. The item was sent to all interested parties. Planning staff recommended approval of the request. No questions or comments. No public hearing was required. Vice-Chairman Craig made a motion to approve a request for the abandonment of a 100’x10’ portion of the alley in Block 3, LaSalle Addition as requested in File 869-OB. Commissioner Little seconded the motion. Motion to approve carried 6:0. OTHER BUSINESS THERE BEING NO OTHER BUSINESS, THE MEETING WAS ADJOURNED AT 5:01 P.M. 10